tag:blogger.com,1999:blog-3350494960151472132.post8763898008827763334..comments2024-03-28T00:29:28.051-04:00Comments on Knowledge to Negotiate: Knock-for-knock IndemnitiesJackhttp://www.blogger.com/profile/04890630881239586638noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-3350494960151472132.post-58914639533871424472014-03-06T07:23:56.503-05:002014-03-06T07:23:56.503-05:00The post identified the general concept of a knock...The post identified the general concept of a knock-for-knock indemnity. I'm not familiar with english law on the subject. However, I could easily envision the parties carving gross negligence or willful misconduct out of the indemnification so that it applies only to ordinary negligence irrespective of who caused it. Jackhttps://www.blogger.com/profile/04890630881239586638noreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-89780285424434509702014-03-06T07:06:00.457-05:002014-03-06T07:06:00.457-05:00Jack, under english law is it possible to enforce ...Jack, under english law is it possible to enforce the knock for knock principle even in cases of Gross Negligence (defined) and Willful misconduct if the parties agreed to indemnfy each other?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-18614088046613259132013-09-10T06:48:15.600-04:002013-09-10T06:48:15.600-04:00In contract drafting it's not what you call so...In contract drafting it's not what you call something or the heading you put on a clause, its the words that you use to establish the responsibilities of the parties. There are many types of indemnities and the scope and intent of those are created by the specific wording used. The key aspect in a knock for knock is you want to eliminate arguments about who caused what because each party is working in close proximity of the other. To make it clear that it is a true knock for knock indemnity you need to show the intent that you have agreed to indemnify each other irrespective of what the cause was or who may have caused it. If you don't do that even if you titled the section "knock for knock indemnity" it may not be interpreted as one. Therefore it is best to include those words.Jackhttps://www.blogger.com/profile/04890630881239586638noreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-36948533828418535132013-09-07T08:50:57.410-04:002013-09-07T08:50:57.410-04:00Jack... Is it neccesary to expressly include the w...Jack... Is it neccesary to expressly include the wording even when causde by the negligence of the indemnified party if i am writing "regardless of cause" ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-85454803294826028792012-11-01T08:15:19.287-04:002012-11-01T08:15:19.287-04:00Armanius, A knock for knock indemnity does not pre...Armanius, A knock for knock indemnity does not preclude either party suing for breach. What it does do is in the event there is property damage or personal injury, that results for accidental negligence each party is responsible for their own losses and injury to their own people irrespective of which party negligent. If there were specific contract requirements for the drilling and the drilling contractor was not following them, it would not be accidental, it would be deliberate. They would have breached the contract and what the operator could recover for that breach would depend upon what the limitation of liability provides in terms of the types and amounts of damages that may be claimed. Jackhttps://www.blogger.com/profile/04890630881239586638noreply@blogger.comtag:blogger.com,1999:blog-3350494960151472132.post-77939847997317135192012-10-31T16:00:49.443-04:002012-10-31T16:00:49.443-04:00Would a knock for knock also preclude the two part...Would a knock for knock also preclude the two parties from suing each other for breach of contract for property damage? For example, drilling contractor does not perform its work properly, and operator loses the well. If operator sues the driller for losing the well, which is the operator's property, the operator has to indemnify the drilling contractor. So in essence, the drilling contractor is protected from all liability related to operator's property damage.Anonymousnoreply@blogger.com